Richard Penque gets life sentence for 2008 Euclid murder (with video)

Duncan Scott/DScott@News-Herald.com

Murder victim Marilyn Habian's ex-husband, Cliff Habian, gives a victim impact statement at the sentencing of Richard Penque Tuesday in Cuyahoga County Common Pleas Court. Penque was given 33 years to life in prison by Judge David T. Matia.

Richard Penque is sentenced to 33 years to life in prison Tuesday in Cuyahoga County Common Pleas Court by Judge David T. Matia after earlier being convicted of murdering his Euclid neighbor, Marilyn Habian, in 2008. At right is defense attorney Robert Tobik.

A Euclid man convicted of murdering his neighbor in 2008 was sentenced to prison Tuesday morning in Cuyahoga County Common Pleas Court.

Richard Penque, 24, was sentenced to 30 years to life in prison by Judge David T. Matia for a conviction of aggravated murder. Penque's two convictions of aggravated burglary and one of kidnapping, which each carried a 10 year sentence, were all merged with the murder charge.

Penque will also serve 36 months in jail for convictions of attempted aggravated arson and tampering with evidence. In total, Penque will not be eligible for parole for 33 years.

Penque was found guilty on Oct. 12 of killing 54-year-old Marilyn Habian in her Ball Avenue Home on in April 2008.

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Habian, a teacher at Alexander Graham Bell Elementary School in Cleveland, was found shot to death in her basement from a single gunshot wound to the chest.

While in prison for a 2009 assault in Chester Township, Penque reportedly told other prisoners about his role in the murder.

"Thankfully you had a little bit of a conscience or at least an inability to keep a secret because you started talking," Matia said. "There are few things we are sure of in this world, Mr. Penque, but one of them I have is your guilt in this matter that you committed this crime."

Matia also expressed concern about Penque's other life choices, citing the 2009 assault, which involved beating someone with a baseball bat, and getting kicked out of school for fighting.

"This robbery gone bad was not a one-time act of yours. You have a real flaw in your character... You have a violent propensity and a complete disregard for human life."

"Marilyn was a great humanitarian. She was the kind of person who did nothing but good for other people," he said.

Cliff Habian said his son will now have to live the rest of his life without a mother.

"I don't feel sorry for you. You need to spend the rest of your life having nightmares and being troubled by this," he said to Penque. "If that were the case, you're getting off easy."

Cliff Habian added that he wished he could bring himself to forgive Penque.

"I just can't imagine rising to that level. I think in my opinion true justice, if I had it my way, you wouldn't take another breath."

Defense attorneys Robert Tobik and John Gibbons asked the court to consider the defendant's age at the time of the crime.

Penque also made a brief statement.

"I'd just like to give my condolences to the victim's family," Penque said.

Before handing down the sentencing, Matia praised the work of the Euclid Police Department in solving this case.

"Your work on this case will stand out in my memory as 14 years of a common pleas judge as being some of the most thorough," Matia said. "Justice was clearly done in this case and it was done largely because of your efforts."